Prosecution Insights
Last updated: July 17, 2026
Application No. 17/655,952

FLUID CONTROL SYSTEM FOR AN IMPLANTABLE INFLATABLE DEVICE

Non-Final OA §102§103
Filed
Mar 22, 2022
Priority
Mar 25, 2021 — provisional 63/200,738
Examiner
CASLER, BRIAN L
Art Unit
3791
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Boston Scientific Scimed Inc.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
31 granted / 39 resolved
+9.5% vs TC avg
Strong +16% interview lift
Without
With
+15.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
48 currently pending
Career history
75
Total Applications
across all art units

Statute-Specific Performance

§101
5.0%
-35.0% vs TC avg
§103
67.5%
+27.5% vs TC avg
§102
13.8%
-26.2% vs TC avg
§112
11.3%
-28.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 39 resolved cases

Office Action

§102 §103
Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Election/Restrictions Claims 2-4, 14, and 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/20/2026. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1 and 15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 15 of copending Application No. 17/655937 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims represent an obvious broadening of the scope. Both applications include “manifold” including a housing with at least one valve and multiple ports, a fluid reservoir, an inflatable member and a fluid control system and electronic control system. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith et al. (US 20200222188) hereinafter Smith et al. Smith et al. teaches an implantable device includes a fluid reservoir configured to be implanted in a body of a patient at a first location, an inflatable member configured to be implanted in the body of the patient at a second location, and a pump assembly configured to be implanted in the body of the patient at a third location. The pump assembly is configured to transfer fluid from the fluid reservoir to the inflatable member in response to the implantable device being in an inflation mode, and the pump assembly configured to transfer the fluid from the inflatable member to the fluid reservoir in response to the implantable device being in a deflation mode. The pump assembly includes an electronic control module, an electronically powered pump, a first valve, and a second valve. The electronic control module is configured to activate or deactivate the electronically powered pump. Regarding claims 1 and 15, Smith et al. teaches a fluid reservoir; an inflatable member; a fluid control system configured to transfer fluid between the fluid reservoir and the inflatable member, including: a housing; at least one valve and at least one pump positioned in a fluid passageway within in the housing; a first fluid port in fluidic communication with the fluid reservoir; and a second fluid port in fluidic communication with the inflatable member; at least one pressure sensing device configured to sense a fluid pressure in the implantable fluid operated inflatable device; and an electronic control system configured to receive the pressure sensed by the at least one pressure sensing device, and to control the at least one valve and at least one pump in response to the received pressure. Note Fig. 1 and paragraphs [0022] –[0032], [0022] The implantable device 100 includes a fluid reservoir 102, an inflatable member 104, and a pump assembly 106 configured to transfer fluid between the fluid reservoir 102 and the inflatable member 104. The fluid reservoir 102 is configured to be implanted in a body of a patient at a first location. In some examples, the first location is an abdomen of the patient. In some examples, the first location is a pelvic cavity of the patient. The inflatable member 104 is configured to be implanted in the body of the patient at a second location. In some examples, the second location is the corpus cavernosae of the patient. In some examples, the second location is around a urethra of the patient. The pump assembly 106 is configured to be implanted in the body of the patient at a third location. In some examples, the third location is the scrotum of the patient. [0029] The electronic control module 113 is configured to electronically activate and deactivate the electronically powered pump 108 and/or the secondary electronically powered pump 110. The electronically powered pump(s) are configured to transfer the fluid from the fluid reservoir 102 to the inflatable member 104 when the implantable device 100 is in an inflation mode, and transfer the fluid from the inflatable member 104 to the fluid reservoir 102 when the implantable device 100 is in a deflation mode. The valves are configured to control the flow of the fluid through the valve body 122 in the inflation mode and the deflation mode. In some examples, the electronic control module 113 is communicatively coupled to an interface element 111. In some examples, the interface element 111 is a component that is operated by a patient to inflate and/or deflate the inflatable member 104. In some examples, the interface element 111 includes a button, switch, or a push rod, or other patent interface element(s) that control operation(s) of the implantable device 100. [0031] In some examples, the pump assembly 106 (or the implantable device 100) includes a pressure sensor 118 configured to monitor (or sense) a pressure of the inflatable member 104. The pressure sensor 118 is communicatively coupled to the electronic control module 113. The electronic control module 113 configured to deactivate the electronically powered pump 108 and/or the secondary electronically powered pump 110 in response to the pressure of the inflatable member 104 exceeding a threshold level. In some examples, the pressure sensor 118 (or a separate pressure sensor) is configured to monitor (or sense) the pressure of the fluid reservoir 102, and the electronic control module 113 is configured to determine a pressure differential across the pump assembly 106 based on the sensed pressure of the fluid reservoir 102 and the sensed pressure of the inflatable member 104. [0026] The pump assembly 106 is coupled to the fluid reservoir 102 via a first conduit connector 103( first fluid port), and the pump assembly 106 is coupled to the inflatable member 104 via a second conduit connector 105 ( second fluid port). Each of the first conduit connector 103 and the second conduit connector 105 may define a lumen configured to transfer the fluid to and from the pump assembly 106. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 5-7 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith et al. (US 20200222188) hereinafter Smith et al. in view of Allen(US 4903732) hereinafter Allen. Regarding claim 5, Smith et al. teaches the claimed invention as set forth above including in paragraph [0005] The first valve may be an active valve configured to be electronically controlled. The first valve may be a passive one-way valve. The second valve may be an active valve configured to be electronically controlled. The second valve may be a passive one-way valve. [0040] In some examples, the first valve 212 is an active valve that is electronically closed and opened, and the second valve 214 is an active valve that is electronically closed and opened. The active valve may be an electro-mechanical valve that is in either an open state (thereby allowing fluid to pass through) or a closed state (thereby blocking the passage of fluid). In some examples, the active valve may transition between the open state and the closed state based on a signal. In some examples, the active valve is an active latching valve that can be opened or closed electronically and stay in the open/closed state after switching even when power is not applied. The valve may be a three-way valve and includes a base and an inlet and outlet port and that is electronically controlled thus controlled by variable power input(voltage). Smith et al. does not specifically teach where the valve is a piezoelectric valve with a diaphragm. Allen teaches A piezoelectric valve for controlling fluid flow through valve ports comprises a fluid tight valve body and a diaphragm. The valve body defines valve ports, and the diaphragm includes a plurality of piezoelectric members, the members being adapted to be selectively piezoelectrically deflected in opposite directions in a plane of operation thereof to produce a cumulative excursion to selectively block or unblock the valve ports. The enhanced cumulative excursion enables valve ports of greater cross-sectional area to be employed. [12] Electrical means are operatively connected to the members for piezoelectrically deflecting the same. Preferably the members are adapted to be selectively piezoelectrically deflected between a first orientation wherein the members are bowed apart and a second orientation wherein the members are generally parallel, the members assuming the first orientation when the electrical means are energized to piezoelectrically deflect the members and the second orientation when the electrical means are de-energized so said members are not piezoelectrically deflected. The members may be substantially planar when not piezoelectrically deflected and substantially curved when piezoelectrically deflected. Therefore, It would have been obvious to one of ordinary skill in the art at the time of the invention to include in the device of Smith et al. a piezoelectric diaphragm valve as taught by Allen as substitution of one known valve for another. The use of various passive and active electromechanical valves are known in view of Smith et al and piezoelectric diaphragm valves are known as evidenced by Allen and the substitution of one known valve for another would achieve predictable results and yield a functioning fluid controlled device. Regarding claim 6, Smith et al. teaches wherein the variable voltage applied to the piezoelectric element to maintain the set state of the fluid operated inflatable device is based on the pressure detected in the fluid passageway of the valve relative to an atmospheric pressure sensed by the electronic control system. Note paragraph [0031] In some examples, the pump assembly 106 (or the implantable device 100) includes a pressure sensor 118 configured to monitor (or sense) a pressure of the inflatable member 104. The pressure sensor 118 is communicatively coupled to the electronic control module 113. The electronic control module 113 configured to deactivate the electronically powered pump 108 and/or the secondary electronically powered pump 110 in response to the pressure of the inflatable member 104 exceeding a threshold level. In some examples, the pressure sensor 118 (or a separate pressure sensor) is configured to monitor (or sense) the pressure of the fluid reservoir 102, and the electronic control module 113 is configured to determine a pressure differential across the pump assembly 106 based on the sensed pressure of the fluid reservoir 102 and the sensed pressure of the inflatable member 104. Regarding claim 7, Smith et al. teaches wherein the variable voltage applied to the piezoelectric element adjusts a position of the piezoelectric element and the diaphragm so as to adjust at least one of a fluid pressure or a fluid flow rate to adjust for atmospheric conditions and correspond to the set state of the fluid-controlled inflatable device. Note paragraph [0031] In some examples, the pump assembly 106 (or the implantable device 100) includes a pressure sensor 118 configured to monitor (or sense) a pressure of the inflatable member 104. The pressure sensor 118 is communicatively coupled to the electronic control module 113. The electronic control module 113 configured to deactivate the electronically powered pump 108 and/or the secondary electronically powered pump 110 in response to the pressure of the inflatable member 104 exceeding a threshold level. In some examples, the pressure sensor 118 (or a separate pressure sensor) is configured to monitor (or sense) the pressure of the fluid reservoir 102, and the electronic control module 113 is configured to determine a pressure differential across the pump assembly 106 based on the sensed pressure of the fluid reservoir 102 and the sensed pressure of the inflatable member 104. Regarding claim 10, Smith et al. teaches wherein the normally open piezoelectric valve is configured to remain in the closed state for a period of time after release of the voltage, and to transition to the normally open state in response to dissipation of electrical bias accumulated in the piezoelectric element. Note figure 1 and paragraphs [0033]-[0034] and [0040] In some examples, the first valve 212 is an active valve that is electronically closed and opened, and the second valve 214 is an active valve that is electronically closed and opened. The active valve may be an electro-mechanical valve that is in either an open state (thereby allowing fluid to pass through) or a closed state (thereby blocking the passage of fluid). In some examples, the active valve may transition between the open state and the closed state based on a signal. In some examples, the active valve is an active latching valve that can be opened or closed electronically and stay in the open/closed state after switching even when power is not applied. The valve is capable of staying in its closed state even after power is not applied. Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith et al. (US 20200222188) hereinafter Smith et al. in view of Allen(US 4903732) hereinafter Allen and further in view of Birk(US 8905915) hereinafter Birk. Regarding claims 8-9, Smith et al. as modified by Allen does not specifically teach wherein the voltage applied to the piezoelectric element is selected from a calibration curve associated with the piezoelectric valve that is accessible in a memory of the electronic control system. Birk teaches a self-regulating gastric band apparatus for adjusting stoma size is disclosed. The apparatus includes an adjustable gastric band that has an expandable portion containing a volume of fluid. A band adjustment assembly is provided for implanting with the gastric band that includes a sensor for sensing fluid pressure in the expandable portion. The band adjustment assembly further includes a pump assembly connected to the expandable portion and to a controller that operates the pump assembly to adjust the volume of the fluid in the band based on the sensed fluid pressure. The band adjustment assembly includes memory storing an operating range relative to a target fluid pressure, and the pump assembly is operated to maintain the sensed band pressure within the operating range. The target pressure is set to maintain pressure variations below a predefined variation limit generally corresponding with satiated fill volumes for a particular patient and implanted band. Although Birk does not specifically set forth a calibration curve of the valve to set the pressure, It is noted that there are a limited number of choices available to a person of ordinary skill in the art for adjusting and the pressure and applying a voltage or power to the pump and or valves to create the desired open or closed state. Smith et al. as modified by Allen recognizes the need to adjust the voltage based on the pressure readings and to achieve a designated target threshold and Birk teaches memory storing an operating range relative to a target fluid pressure, and the pump assembly is operated to maintain the sensed band pressure within the operating range. Therefore, It would have been obvious to one of ordinary skill in the art at the time of the invention to include in the device of Smith et al. as modified by Allen a memory storing operational parameters of the valves to adjust the voltage applied to the pump and valves to achieve the desired pressure within the system. See KSR Int’l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007). Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith et al. (US 20200222188) hereinafter Smith et al. in view of Allen(US 4903732) hereinafter Allen and further in view of Shachar (US 20040078027) hereinafter Shachar. Smith et al. as modified by Allen does not specifically teach the normally open piezoelectric valve further comprising a resistor electrically connected to the piezoelectric element, wherein the resistor is configured to control a dissipation of electrical bias accumulated in the piezoelectric element such that the normally open piezoelectric valve transitions from the closed state to the normally open state in a set period of time after release of the voltage. Shachar teaches a method and apparatus for a localized implant for infusion of a variety of biological response modifiers (BRMs) and chemotherapeutic agents including tumor necrosis factors (TNF) is described. an electronic system provides tailored and controlled regulation of the administration of such agents, using sensors to monitor the progress of the treatment. Desired dosing and scheduling of anti-tumor agents in a local setting is provided. Active control and regulation of the administration of medicating agents is attached to a synthetic pouch and with the aid of a piezoelectric valve and pump actuating mechanism. [0063] FIG. 4 shows the three drivers for the three piezo electric valves. In the figure the drivers are made of an NPN transistor, 411, such as the National Semiconductor 2N3906, whose input is derived from the microcontroller 401. The signal from the microcontroller 401 is fed to the NPN transistor 411 through a base resistor 463. An additional resistor 462 is placed in the collector of the transistor 411. The piezoelectric valve 412 is placed in parallel to the collector resistor 462. [0064] Resistor 463 is a base current limiter and resistor 462 is the collector resistor for transistor 411, which allows for fast discharge of charge build-up across the piezo-electric device 412. Therefore, It would have been obvious to one of ordinary skill in the art at the time of the invention to include in the device of Smith et al. as modified by Allen a resistor in the piezoelectric resistor circuit as taught by Shachar for fast discharge of charge across the piezoelectric device. Furthermore, It is noted that there are a limited number of choices available to a person of ordinary skill in the art for constructing the piezoelectric circuits for proper operation and utilizing a resistor is one of the finite number of methods for managing excess charge in a piezoelectric device as evidenced by Schachar with a reasonable expectation of successfully using the piezoelectric valve to open and close and control fluid flow within the implanted system. See KSR Int’l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007). Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith et al. (US 20200222188) hereinafter Smith et al. in view of Allen(US 4903732) hereinafter Allen and further in view of Birk(US 8905915) hereinafter Birk and further in view of Ben-Ami (WO 2012127420) hereinafter Ben-Ami. Smith et al. as modified by Allen and Birk does teach wherein the piezoelectric valve is a normally closed piezoelectric valve that is configured to transition from a normally closed state to an open state in response to an application of voltage to the piezoelectric element, and to return to the normally closed state in response to release of the voltage However, Smith et al. as modified by Allen and Birk does not teach the normally closed piezoelectric valve including: a plunger movably positioned within the fluid passageway of the normally closed piezoelectric valve, wherein the plunger is sealed against the valve base in the normally closed state so as to restrict flow through the fluid passageway, and is spaced apart from the valve base in the open state so as to open the fluid passageway. in the normally closed state of the normally closed piezoelectric valve, a backpressure applied to the plunger through the at least one outlet maintains the sealed position of the plunger against the valve base in response to a surge in fluid pressure at the at least one inlet. Ben-Ami teaches implantable prosthetic valve assembly comprises a piezoelectric actuator (102), a valve plunger or skirt, a sensor module, a valve actuating assembly (100), and a housing. The piezoelectric actuator fits with a valve regulator (104) that is controlled with an actuator power and a control module. The valve regulator: is displaced about an actuator shaft to regulate a flow through a passageway; and provides for a flow control through the passageway by manipulating the valve plunger or skirt and provides for controlling a position of the valve skirt or plunger. It is noted that there are a limited number of choices available to a person of ordinary skill in the art for piezoelectric valve control of fluid flow. Piezoelectric valves are well known in the art as evidenced by Smith et al. as modified by Allen and Birk and a plunger controlled piezoelectric valve is well known as evidenced by Ben-Ami. One of ordinary skill in the art would have found it an obvious simple substitution of one known element for another to obtain predictable results to substitute the piezoelectric valve of Smith et al. as modified by Allen and Birk for the plunger controlled piezoelectric valve of ben-Ami with a reasonable expectation of successfully controlling the flow of fluid within the inflatable implant. Furthermore, the Smith et al. as modified by Allen and Birk and Ben-Ami is capable of functioning to manage a backpressure applied to the plunger as part of its normal operation. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wald et al.( US 11555725) teaches microstructured fluid flow control device includes a substrate with a piezo-actuated first membrane arranged on a first substrate side, and a fluid channel that extends through the substrate between the first substrate side and an opposite second substrate side. In addition, the microstructured fluid flow control device includes a microvalve that extends through the fluid channel and is configured to close the fluid channel in an unactuated state, and a second membrane arranged on the first substrate side and spaced apart from the membrane and arranged between the fluid channel and the first piezo-actuated membrane. The second membrane is joined to the microvalve and is mechanically biased towards the first membrane so that a biasing force is applied to the microvalve, wherein the biasing force is part of a restoring force that causes the microvalve to close the fluid channel in an unactuated state. Grundei et al.( WO 0170131) teaches an implantable sphincter prosthesis which is used in the case of urinary incontinence and is provided with a collar (1) that can be placed around the urethra and has an inflatable body (2) which can be elastically dilated by means of a fluid pressure and then blocks the urethra. Said prosthesis also comprises a fluid reservoir (4) and a pump (5) that is connected to the fluid reservoir and to the inflatable body by means of conduits (6, 7, 9, 10). The pump (5) is driven electrically. An extracorporeal control and supply device (14) supplies the pump with electric energy in a wireless manner and controls said pump. The use of a miniaturized diaphragm pump with a piezoelectric drive has proven to be particularly advantageous. Such an arrangement is also particularly favorable with regard to the control and energy conversion within the intracorporeal control and supply device, since the direct current pulsed internally by the capacitor can serve to drive the pump directly without further conversion in order to control the piezo crystal or crystals accordingly. With each application of voltage, the piezo crystal expands. whereby the associated membrane of the pump is deflected. Alternatively, pumps driven by an electric motor, for example gear pumps or centrifugal pumps, can also be used, in which case a corresponding signal processing, for example in the intracorporeal electronic control and supply device. Severson(US 20170231738) teaches An implantable medical device includes an electronic control system and an actuator. The actuator changes shape in response to a command or action of the electronic control system to treat an ailment of a person. Susi(US 11268506) teaches fluid pumps configured for use in a magnetic resonance imaging environment are disclosed. The pumps may include piezoelectric driven pumping mechanisms or ultrasonic motor driven pumping mechanisms. The pumps may be configured to pump fluid such as air or liquid. The pumps may be incorporated in a multi-parameter patient monitoring system. Stone et al.( US 8292800) teaches remotely adjustable gastric band system is provided. The system includes a gastric band, an implantable fluid reservoir, and a fluid handling device including a piezoelectric pump, and a drive or controller assembly. The piezoelectric pump includes a diaphragm having a compressible spring positioned at an actuator side of the diaphragm, and a space occupying layer disposed between the compressible spring and the actuator side. Foster et al.( 2011149503) teaches micromechanical pumping system is formed on a substrate surface. The pumping system uses a pumping element which pumps a fluid through valves which move in a plane substantially parallel to the substrate surface. Matsumoto et al.( 8191856) teaches control valve has a body that forms a valve chamber and a valve seat, a metal diaphragm installed inside the valve chamber and making contact with and departing from the valve seat, an actuator box fixed to the side of the body, a piezoelectric element installed inside the actuator box to thrust the metal diaphragm through mediation of a metal diaphragm presser by elongating downward when voltage is applied, a conical spring mechanism that absorbs elongation of the piezoelectric element at the time when the metal diaphragm makes contact with the valve seat and a prescribed thrust is applied to the valve seat and the like, and a preload mechanism that applies upward compressive force to the piezoelectric element all the time wherein the compressive force applied to the piezoelectric element is externally adjustable. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN L CASLER whose telephone number is (571)272-4956. The examiner can normally be reached M-Th 6:30 to 4:30. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Marmor can be reached at (571)272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /BRIAN L CASLER/Primary Examiner, Art Unit 3791
Read full office action

Prosecution Timeline

Mar 22, 2022
Application Filed
May 21, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
80%
Grant Probability
95%
With Interview (+15.8%)
3y 8m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 39 resolved cases by this examiner. Grant probability derived from career allowance rate.

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